Professor Darcy MacPherson had been teaching law at Robson Hall for two years in 2004, and fresh memories of his own experience clerking at the Nova Scotia courts in Halifax while a law student at Dalhousie, inspired him to approach Dean Harvey Secter, [BComm/67, LLB/92], about starting a similar program in Manitoba. Secter took the matter to The Honourable Justice Freda M. Steel who led the Manitoba Court of Appeal’s participation in the program.

Today, with Justice Steel’s retirement, The Honourable Justices Christopher Mainella and David Kroft are responsible for the program, while Elizabeth McCandless, the Faculty of Law’s Director of Clinics, oversees the Clerkship Program as one of the Externships now offered by the law school. MacPherson is still involved as a lead supervising faculty member of the Clerkship Program.

Since 2004, 68 student clerks have successfully completed the program. In 2009 – 2010, the number of clerks accepted into the program annually was increased from two to four. In 2020, the course was converted from three to six credit hours, and starting in 2024, it has been turned into an Externship lasting from September to April, garnering 12 credit hours.

At the May 10^th event, remarks were given by event host, The Honourable Chief Justice Marianne Rivoalen, Justice Mainella, Dr. Richard Jochelson, Dean of Law, and MacPherson, who reminisced on how the idea of starting a clerkship program at Robson Hall became a reality.

  The Honourable Marianne Rivoalen, Chief Justice of the Manitoba Court of Appeal. Photo by Mike Latschislaw.

“The judiciary has long played a part in legal education well before the common law was taught in universities,” said Justice Mainella in his address to the alumni attending the event. “The Court of Appeal views the coordination of the clerkship program with Robson Hall as essential to the development of high caliber lawyers on which our system of justice relies.”

The Honourable Justice Christopher J. Mainella, Manitoba Court of Appeal. Photo by Mike Latschislaw.

Justice Mainella highlighted the theme of tradition, but also shared news of the future of the program: “I am excited to say that the clerkship program will evolve this coming fall to become a double credit externship. Law students will continue to do legal research for the Court of Appeal and also assist individual judges in their day-to-day work.

“Justice Kroft and I who are responsible for the clerkship program, together with Melanie Bueckert, a researcher with the Court, would like to thank Dean Jochelson, Professor MacPherson and all of the faculty and staff at Robson Hall on behalf of all the members of the Court of Appeal for making this expansion of the clerkship program possible. We are all looking forward to it.”

Dr. Richard Jochelson, Dean of the Faculty of Law, University of Manitoba. Photo by Mike Latschislaw.

“Celebrating 20 years of unparalleled partnership between the Manitoba Court of Appeal and the University of Manitoba Faculty of Law, we reflect on the profound impact our clerkship program has had on shaping the legal minds of tomorrow,” said Jochelson. “This collaboration has provided our students with invaluable hands-on experience and a peek behind the curtain of the administration of justice. Here’s to two decades of mutual growth, learning, and excellence in legal education.”

Said MacPherson:  “This took a lot of people saying ‘Yes’ to get it started, and a wonderful level of commitment from the Court to continue its success.  But, it is also important to remember that the quality of the students who have come to the Court, and their ability to contribute to the work of the Court and to learn from some of the best legal minds in the Province that makes this all work.”

Bueckert, in conversation with the recently retired Honourable Justice Freda Steel and the Faculty of Law, joked about being “hard done by” since she graduated from the Faculty of Law in 2003, missing out on participating in the Clerkship Program by one year. Hired by the Court in 2006, she has acted in the capacity of supervising lawyer of the student clerks since 2007, initially with Justice Steel, and now with Justices Mainella and Kroft who have taken over from Steel as Supervising judges of the program.

Professor Darcy MacPherson, who initiated the program in 2006, was inspired by his own experiences clerking while in law school at Dalhousie University in Halifax, Nova Scotia. Photo by Mike Latschislaw.

Bueckert gives new students an orientation seminar on how to do research, and together with Justice Mainella, reviews all the cases scheduled for the year and decides which would be appropriate for students to assist with. “I don’t know if we could actually do the program without Melanie,” said Justice Steel, “because afterwards she checks their research so that the judges know they can rely on the research and write their reasons.”

Justice Steel’s interest and dedication to the clerkship program stems from her experience in law school taking part in what was called “The Lawyering Program” taught by Professor Jack London and Hymie Weinstein. “It was the only course I ever had in law school that showed me some aspect of the real practice of law,” said Steel, who graduated from Robson Hall in 1975 before obtaining an LLM from Harvard Law School. “When I came back to be a professor at the Faculty of Law, […] I taught a course called intensive family law, which is a course where, in addition to teaching family law, the students actually worked on real cases, under the supervision of family law lawyers.”

“When I was given the opportunity to supervise third-year students in this context, I grabbed it, because I understood how valuable a program like this could be not only for the students, but for the judges as well. Because the interaction between us gives them a window into what judging is really like and how judges make decisions. Having these young, eager students, asking us questions is just wonderful.” – The Honourable Justice Freda Steel

Former UM Chancellor Harvey Secter, O.M., C.M., LL.D. [BComm/67, LLB/92], was Dean of Law from 1999 to 2008 and instrumental in starting the collaborative clerkship program with the Manitoba Court of Appeal. Photo by Mike Latschislaw.

Steel confirmed that the program was “the brainchild of Professor Darcy MacPherson who had experienced something like it in the Maritimes where he came from.” Steel recalled that MacPherson had suggested the idea to Dean Harvey Secter, of starting something similar in Manitoba. “I guess they trusted me to be able to develop this program for the Court of Appeal,” said Steel, who was appointed to the Manitoba Court of Queen’s Bench in 1995 and to the Manitoba Court of Appeal in 2000.

Where are they now?

Clerkship Program alumni attending the lunch were asked to share a photo and brief biography as well as respond to a short survey including questions regarding their biggest career highlight and providing a message for the creators of the Clerkship Program. Responses were impressive with careers ranging from alumni serving as counsel or partners at large Canadian law firms to Crown Attorneys, lecturers or instructors in law, or sole practitioners.

Of the 32 who provided feedback, 10 went on to clerk further after graduation at Federal or other provincial courts across Canada, and at least seven went on to complete graduate studies in law, including one who is currently a lecturer in law in the UK and completing a PhD in Law. Six were Gold Medalists in law in their class.

Some had career highlights ranging from taking a client to see the Backstreet Boys to just plain appearing in the Manitoba Court of Appeal as counsel – and finding the experience enjoyable.

Messages for the Creators of the Clerkship program were immensely positive, including the following:

“Thank you for creating a program that gives students practical experience and insight from the top jurists in the Province. It was an unparalleled experience.” – Terra Welsh [LLB/2007], Partner, Thompson Dorfman Sweatman LLP

“Keep it going. This is a phenomenal opportunity to understand the dynamics of decision making, observe models of advocacy and discuss their efficacy, and connect to potential lifelong mentors.” – Meaghan Daniel [LLB/2008], Meaghan Daniel, Barrister & Solicitor

“My MBCA clerkship was a highlight of my time at Robson Hall. I continue to be so grateful for the opportunity – not just to work on interesting cases and develop my research and analysis skills, but the thoughtful way the program gave us ‘behind the scenes’ access to the judges and staff at the court. It was an invaluable learning experience.” – Dayna Steinfeld [JD/2012], Partner and Winnipeg Lead Lawyer, RavenLaw LLP

“The clerkship program exposed me to how a court actually works to think through legal analysis and produce judgments, which was an important and indelible experience that factored into how I approached the practice and academic study of law. Thank you for making this enriching experience possible.” – Joshua Shaw [JD/2015], Lecturer in Law, University of Kent (Canterbury, UK)

“The Manitoba Court of Appeal clerkship program is invaluable to future legal practitioners. Getting a look at the inner workings of the court and having the opportunity to engage with the judges and assist in the appeal process is an incredible experience. This is particularly so for individuals that are in an early stage of their career. This is the type of program that should be fostered.” – Matthew Norlund [JD/2018], Associate, Taylor McCaffrey

“[The] program was excellent. It was the highlight of my law school experience. It provided unparalleled behind-the-scenes litigation training and taught me the importance of clear, concise written and oral advocacy. The judges and staff were incredibly generous with their time, offering helpful mentorship and practice tips and making me feel as though my research contributions and my opinions were valued and considered. Overall, I could not recommend the clerkship program highly enough to law students.” – Carter Liebzeit [JD/2019], Associate, MLT Aikins LLP

Some choice highlights and memories were shared anonymously including the following gems:

“When I was called to the bar, Justice Hamilton wrote me the nicest letter that anyone has ever written to me. Including my husband.”

“A big thank you to Justice MacInnes for teaching me to never sit in a judge’s office chair (even if Chief Justice Scott expressly gave you permission…)”

As of 2020, the Manitoba Court of Appeal and the Faculty of Law agreed to expand the amount of credit hours to six up from three, with spots available for four third-year law students. “They don’t mind how much work they have to do for the six credit hours,” said Bueckert, describing the work students get assigned.

“[N]ot only do they learn how to do research, but they begin to understand how the judicial system works, what’s important, what’s not important, how judges come to decisions, and therefore, as a lawyer, what would be most persuasive when they appear in front of us,” said Steel. “So, it shows them a slice of what the judicial system is like, which I think is very valuable. Not many lawyers get that.”

One catch to getting into the Clerkship Program is that students in the top 25 per cent GPA are given preference.

Starting in the fall of 2024, the Clerkship Program will officially be offered as an Externship at the Faculty of Law and will be worth 12 credit hours. Applications for Externships typically open in the last week of May, and close in the first week of June.

Each November, Career Development Coordinator Lisa Griffin brings in guest speakers from the various upper-level courts in Canada, including UM Law alum, The Honourable Mr. Justice Roger Lafrenière [LLB/1982] from the Federal Court, to share information with law students about the benefits of clerking after graduation.

Unique and privileged insight

“I have fond memories of my time spent at Robson Hall and am very proud of being a member of the famous Class of 82,” Lafrenière reminisces. “A few weeks ago, a great majority of us got together to celebrate our 40th Call to Bar anniversary. The Federal Courts’ Law Clerkship Program is a wonderful extension of that learning and social experience. It is an opportunity like no other to spend a year working collaboratively on files involving exciting and evolving areas of the law, including immigration, admiralty, aboriginal, intellectual property law and national security, to name but a few.”

“Clerking with the Federal Courts has many benefits. Aside from improving one’s research, writing and legal analytical skills, the close mentorship by a judge provides a unique and privileged insight into how decisions are made.”

– The Hon. Justice Roger Lafrenière

“The Chief Justice of the Court has repeatedly stressed the importance for diversity, as well as regional diversity on the bench. That holds true for our law clerks who should reflect the society the Court serves,” Lafrèniere emphasises. “We strongly encourage law students from Manitoba, who have been sadly unrepresented over the past few years, to apply.”

Since 2019, one Robson Hall student clerked at the Federal Court of Appeal, three at the Federal Court of Canada, and four at the Tax Court of Canada. Cardinal and Morris are the first two to be going to the Alberta Court of Appeal.

Trina McFadyen [LLB/2000], Director of Professional Development at the UM Faculty of Law, said some law students from Manitoba may consider clerkships at federal law courts to be beyond their reach. “Clerkships are something that UM Law students may not naturally have on their radar as there are no after-graduation clerkship opportunities available through the Manitoba courts, one of the few provinces where this is the case,” says McFadyen. “However, our students have successfully secured judicial clerkships with all levels of court, from the Supreme Court of Canada to various federal and provincial courts.”

“The quality of education received at Robson Hall combined with the calibre of our students mean they have just as good a chance as any Canadian law student in being accepted as a Court clerk. I am working to encourage more students to put in a clerkship application as this is an invaluable experience and will add lasting value to their professional profile.”

– Trina McFadyen [LLB/2000], Director of Professional Development

McFadyen cites local practitioners Dayna Steinfeld [BA/2009, JD/2012], now at Raven Law (Winnipeg) and Sacha Paul [LLB/2002], most recent President of the Law Society of Manitoba and lawyer at Thompson Dorfman Sweatman, as examples of UM alumni who clerked at the Supreme Court of Canada and returned to successful careers in Manitoba. In turn, Steinfeld recalls four other Robson Hall graduates who clerked at the SCC including Johanna Caithness (LLB/2007, Fillmore Riley, MB), Jason Roberts (LLB/2010, Dentons, BC), Dan Byma (JD/2012, Fasken, BC), and Miranda Grayson (JD/2015, TDS, MB). Terra Welsh (BA/2004, LLB/2007, TDS) clerked at the Federal Court.

Absolute highlight

Steinfeld, who was recently presented with a Faculty of Law Emerging Leader Alumni Award, clerked for the Honourable Justice Marshall Rothstein after articling. “My clerkship is an absolute highlight of my legal career,” she says. “I gained knowledge and skills that continue to be of immense value in my legal practice. An appellate clerkship is a year-long intensive training course in written and oral advocacy, in high-level and complex research and analysis, and in the most pressing legal issues in the country. The experience has been nothing but an asset in my practice and I encourage all law students to continue pursuing clerkships.”

Steinfeld encourages Manitoba law students to apply for Federal clerkships even if they take students away from home even temporarily. “Many Manitoba lawyers with thriving legal careers have completed clerkships and returned to Manitoba to find great professional success,” she says. “Based on the excellent education and training they receive, Robson Hall students are well-equipped to follow in the footsteps of Manitoba grads who have done clerkships in the past.”

An unparalleled learning experience

Mackenzie Cardinal [JD/2023]

The next generation of law clerks are already appreciating the benefits of clerking. Three months after exiting Robson Hall as a student for the last time, Mack Cardinal can confirm that the rumours are true. “There is really nothing like the clerking experience,” he says. “Not only do you get the opportunity to work alongside very accomplished legal minds on complex and challenging legal questions, but you also forge personal relationships with them that will stick with you after you leave your clerkship.”

“The ability to speak with judges directly and candidly about what you saw in the court room or in a factum is an unparalleled learning experience. It provides an excellent foundation for your written and oral advocacy skills that you will take with you into practice.”

– Mackenzie Cardinal [JD/2023], ABCA Court Clerk

Following his year at the ABCA, Cardinal will article at Osler, Hoskin & Harcourt LLP in Calgary for five months as per Law Society of Alberta requirements. Still mostly unsettled in what he wants to practice, he says he is leaning towards labour and employment or administrative law generally.

Cardinal applied for the clerkship in the first place because “it offers a unique opportunity to pull the curtain back on legal decision making.” He explains, “I thought it would be interesting to see how a decision develops in each stage of the appeal process and the considerations that go into a judge’s reasons.”

Regional Diversity

Matthew London applied after Justice Bruce Russell from the Tax Court of Canada visited Professor Michelle Gallant’s Tax class last November expressly to promote the clerkship opportunity to Manitoba law students. “In speaking with him after class, I found out that he was not hearing cases in Winnipeg that week (the TCC is a travelling court), and made the trip solely to talk to the class. It was then that I understood that the Court was serious about getting applications from a more regionally diverse group – including us here in the prairies. 

Matthew London, Class of 2024.

“I figured it was worth a shot applying. In the fall semester of 2L, I did well, including in Income Tax (important for anyone thinking of applying). I got my reference letters and application all together and sent it off,” says London.

London was first drawn to study law because of the ability it gives someone to work with and help a wide variety of people in a number of different ways. “Law gives you the chance to get to know people and their situation or their business and find a solution for a problem that is unique to them,” he says.

Interested in a career in tax, financial planning, and real estate law, London describes himself as having always been analytical and advocating for what he believes in. “I am happy with the decision I made to study law,” he says. “I have found areas of law which I find interesting and I am looking forward to clerking.”

Happy to encourage other students to apply, he shares the following insights about the process.

Extensive Interview

“I found out in early February that I had been invited to interview in Ottawa. The screening/ interview process was relatively extensive. First, there was a memo assignment on a TCC case two weeks before my interview. 

“At my in-person interview, I had to present another case to a panel of Judges of the Court where they asked me questions and asked for my thoughts on the case I selected. The case I selected was an SCC case, so I had to know how the case and issues had progressed from the TCC to the FCA to the SCC. I was also asked about the other case which I had written a memo for two weeks earlier. I had been prepping for the Bowman Tax Moot at the time of my interview, which I know helped me. 

“At the conclusion of the interview, I was given a tour of the Court premises by Alex Barnes [JD/2022], a current TCC Clerk who is a Robson Hall graduate. I received a call the next day with an offer.”

Despite the rigours of the interview process, London highly recommends law students apply for clerkships post-graduation. “It is a unique opportunity for recent graduates to obtain their articles,” he says. “At the Tax Court specifically, it hires 18 Clerks – all recent graduates. I will get to work directly for Judges who are experts in the field and live in Ottawa for a year.”

One very special opportunity included in clerking at the Tax Court is that it arranges a Career Fair especially for its Clerks. “Large national firms, tax boutiques, the DOJ, CRA and other government departments all come to this event that is put on for the Tax Court Clerks to secure post-clerkship jobs,” says London. “I am looking forward to seeing the opportunities available to me.”

Heather Morris will commence her clerkship with the ABCA in the summer of 2024 and will complete her articles at Norton Rose Fulbright in Calgary. “I was inspired to apply for clerkships because I believe people are our most valuable resource. As such, I see great value in receiving mentorship from esteemed leaders of the legal industry,” says Morris. “I am excited to observe how justices of the Alberta Court of Appeal consider questions of law, perceive different styles of argumentation, and make impartial decisions. Clerkships also allow students to understand a court’s inner workings, which will assist them in reading judgements or litigating in the future.”

“Every clerk I have connected with has spoken highly of the clerking experience. One clerk explained that clerkships allow you to spend more time researching and understanding a question of law without the time constraints and client expectations that come with working at a firm. I look forward to deeply understanding the law and the Alberta Court of Appeal during my clerkship next year.”

– Heather Morris, 3L

Currently, the Faculty of Law offers Clerkships for academic credit to third-year law students at the Manitoba Court of King’s Bench and the Manitoba Court of Appeal. Information about clerking at law courts across Canada after graduation is available on the Faculty of Law website.